SECTION 7 DEPRIVATION OF POLITICAL RIGHTS
Article 50. Deprivation of political rights refers to
deprivation of the following rights:
(1) the right to vote and to stand for election;
(2) the right provided for in Article 45 of the Constitution;
(3) the right to hold a position in a state organ; and
(4) the right to hold a leading position in any enterprise,
institution or people's organization.
Article 51. A term of deprivation of political rights shall not
be less than one year and not more than five years, except as
stipulated in Article 53 of this Law.
If a person sentenced to public surveillance is deprived of
political rights as a supplementary punishment, the term of
deprivation of political rights shall be the same as the term
of public surveillance, and the punishments shall be executed
simultaneously.
Article 52. Counterrevolutionaries shall be sentenced to
deprivation of political rights as a supplementary punishment; where
necessary, criminals who seriously undermine public order may also
be sentenced to deprivation of political rights as a supplementary
punishment.
Article 53. Criminals who are sentenced to death or to
life imprisonment shall be deprived of political rights for life.
If a death penalty with a suspension of execution is
commuted to a fixed-term imprisonment, or a life imprisonment is
commuted to a fixed-term imprisonment, the term of the
supplementary punishment of deprivation of political rights shall be
changed to not less than three years and not more than ten years.
Article 54. A term of deprivation of political rights
as a supplementary punishment shall be counted from the date
on which imprisonment or criminal detention ends or from the date
on which parole begins. Deprivation of political rights shall of
course be in effect during the period in which the principal punishment
is being executed.
SECTION 8 CONFISCATION OF PROPERTY
Article 55. Confiscation of property refers to the confiscation
of part or all of the property personally owned by a criminal.
When a sentence of confiscation of property is imposed, property
that the criminal's family members own or should own shall not
be subject to confiscation.
Article 56. If it is necessary to use a confiscated property to
repay legitimate debts that the criminal incurred before his
property is sealed under court orders, a people's court shall so
order it at the request of the creditors.
CHAPTER IV THE CONCRETE APPLICATION OF PUNISHMENTS
SECTION 1 SENTENCING
Article 57. When sentencing a criminal, a punishment shall be
imposed based on the facts, nature and circumstances of the crime,
the degree of harm done to society and the relevant provisions of this
Law.
Article 58. In cases where the circumstances of a crime call
for a heavier or a lighter punishment under the provisions of
this Law, the criminal shall be sentenced to a punishment within
the limits of the prescribed punishment.
Article 59. In cases where the circumstances of a crime call
for a mitigated punishment under the provisions of this Law, the
criminal shall be sentenced to a punishment less than the prescribed
punishment.
Even if the circumstances of a crime do not warrant a mitigated
punishment under the provisions of this Law, the criminal may, upon
decision of the judicial committee of a people's court, be sentenced
to a punishment less than the prescribed punishment if, according to
the particulars of the case, even the minimum prescribed punishment
would be too severe.
Article 60. All property illegally obtained by a criminal
shall be recovered, or compensation shall be ordered. Contrabands and
possessions of the criminal that were used in the crime shall be
confiscated.
SECTION 2 RECIDIVISTS
Article 61. If a criminal commits another crime
punishable by fixed-term imprisonment or heavier penalty within three
years after serving his sentence of not less than fixed-term
imprisonment or receiving a pardon, he is a recidivist and shall be
given a heavier punishment. However, this shall not apply to cases of
negligent crime.
For criminals who are paroled, the period stipulated in the
preceding paragraph shall be counted from the date the parole expires.
Article 62. A counterrevolutionary who commits another
crime of counterrevolution at any time after serving his sentence
or receiving a pardon shall be dealt with as a recidivist.
SECTION 3 VOLUNTARY SURRENDER
Article 63. Anyone who voluntarily surrenders after committing a
crime may be given a